Friday Sep.19.2003 /netmusiccountdown.com/ -- The fans who are suing Creed for giving them a bad concert are still fighting on, even though the lawsuit was dismissed.

The suit was dismissed with prejudice, which means the fans can re-file the case.

The judge even gave the disgruntled fans and their lawyer, Daniel Voelker, a hint as to how they should come at the case this time.

"He thought that if the case proceeds at all it should be on a basis of 'frustrated commercial expectations,' " Voelker told MTV News. "It's unusual for a judge to give what might be viewed as legal advice."

The fans want Creed to refund ticket and parking costs for all 15,000 fans who attended the concert where frontman Scott Stapp stumbled around appeared drunk and couldn't remember lyrics to his own songs.